Virginia\u27s Birth-Related Neurological Injury Compensation Act: Constitutional and Policy Challenges

In 1987, Virginia\u27s General Assembly enacted the Virginia Birth-Related Neurological Injury Compensation Act (the Act). Although there is a dearth of official legislative history for the Act, newspaper reports provide some insight as to the intended purpose and scope. Reportedly, the Act was a response to medical malpractice insurers\u27 refusal to provide coverage for obstetricians. Proponents of the Act feared critical shortages of obstetrical services if action was not taken to ensure the availability of liability insurance